Class Member Definition

Section 1981 Racial Discrimination Rule 23(b)(2) Class

All individuals belonging to a distinctive racial minority group (blacks, Hispanics, Asians, etc.) who are currently employed, or have been employed within three (3) years preceding the filing of this action, by the City of New York as Police Communications Technicians (“PCTs”) or Supervisor Police Communication Technicians (“SPCTs”) in the Communications Section of the New York City Police Department (“NYPD”).

FMLA Rule 23(b)(2) Class

All minority individuals who are currently working in the Civil Service titles of PCT and SPCT in the Communications Section of NYPD who are eligible for leave under the Family Medical Leave Act (“FMLA”).

Settlement Process
Preliminary Approval of Class Action Settlement Granted June 17, 2019 based on the following:
*“**UPDATED LIST OF SETTLEMENT PAYMENTS AND STATUS OF PAYMENT SUBMISSION”*
Settlement History

A Settlement was reached on October 23, 2018 between the Plaintiffs, who are Police Communications Technicians (“PCTs”) or Supervising Police Communications Technicians (“SPCTs”) in the New York City Police Department (“NYPD”) Communications Section, and Defendants, the City of New York, officials and employees of the City of New York including individual members of the NYPD, and Local 1549, District Council 37, AFSCME, AFL-CIO. Proposed Settlement Agreement)

A Settlement & Fairness Hearing is scheduled for October 1, 2019 at 11:00 a.m. in Court Room 4F North, at the District Courthouse, 225 Cadman Plaza East, Brooklyn, NY.

For more than five years, Class Counsel has litigated this case which involved extensive discovery including, over 30,000 documents, approximately 23 depositions and voluminous motion practice. Class Counsel has litigated this case on behalf of the Settlement Class without receiving any compensation for their services and has undertaken significant risks in pursuing this matter. A final settlement of this lawsuit was reached on October 23, 2018.

Absent a settlement, the parties would have proceeded with substantial motion practice, which may ultimately mean that the parties present their claims and defenses to a jury. The parties have agreed to settle this lawsuit because there are substantial risks associated with both a trial and any subsequent appeals.
Class Certification

On September 28, 2015, the U.S. District Court For the Eastern District of New York (Honorable Pamela K. Chen) issued a strong opinion in favor of the class denying in most parts the motion of defendants to dismiss the case and granting a motion certifying the class.

By Orders dated April 29 and (May 15,2019 to read the court's decision), the Court redefined and recertified the Section 1981 Class and FMLA Class as two Section 1981 Classes:

Section 1981 Rule 23(b)(2) class for purposes of injunctive relief consisting of all individuals who are currently employed by the City of New York as PCTs or SPCTs in the NYPD Communications Section, and

Section 1981 Rule 23(b)(3) class for purposes of monetary relief, consisting of all individuals who are currently employed, or have been employed between November 6, 2010 and October 23, 2018, by the City of New York as PCTs or SPCTs in the NYPD Communications section.

Additional details and updates about the settlement will be posted in the Settlement section of this site from time to time as the court issues orders affecting settlement and the class.
The Whole Picture

Class Member Definition

Section 1981 Racial Discrimination Rule 23(b)(2) Class

FMLA Rule 23(b)(2) Class

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